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2019 (4) TMI 1846

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..... summoned invoking Section 108 of the Customs Act, he apprehends that immediately after his questioning he is liable to be arrested - HELD THAT:- The Hon'ble Supreme Court in UNION OF INDIA VERSUS PADAM NARAIN AGGARWAL ETC. [ 2008 (10) TMI 1 - SUPREME COURT] had specifically dealt with granting of anticipatory bail to a person summoned under Section 108 of the Customs Act and held that it was .....

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..... ign origin concealed along with the declared cargo imported by the importer through seaport. The officers of the DRI inspected the consignment and found that it contained 30,24,000 cigarettes of foreign origin totalling to value of ₹ 4,23,36,000/-. Containers worth ₹ 9 lakhs were also sealed. Crime was registered against four persons. Allegation against the petitioner is that he is als .....

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..... confession of the co-accused. 4. It seems that the petitioner moved the Court below and sought bail. The Court below took the view that anticipatory bail application was premature in the light of the decisions of the Supreme Court in Union of India v. Padam Narain Aggarwal and Others [2008 KHC 698 = 2008 (231) E.L.T. 397 (S.C.)], Romesh Chandra Mehta v. The State of West Bengal (AIR 1970 SC 940 .....

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..... d to be an accused. 7. In Kishin S. Loungani s case (supra) an identical question was considered by a Division Bench of this Court. Contention of the Learned Counsel is that both the applications dealt with a totally different situation and does not relate a person who is summoned under Section 108 of the Customs Act apprehending arrest. 8. The Hon'ble Supreme Court in Padam Narain Aggar .....

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